Loading...
16, 18, 20R Franklin Street NOR 9-8-20 Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Northeast Regional Office•205B Lowell Street, Wilmington MA 01887.978-694-3200 Curies C. Baker Kathleen A.Theoharides Governor Secretary Karyn E.Polito Martin Suuberg Lieutenant Governor Commissioner September 8,2020 Edward Ferris, as Trustee of Ferris Trust RE: Salem 21 Naples Road 16, 18, & 20R Franklin Street Salem, MA 01970-5309 RTN: 3-0036220 NOTICE OF RESPONSIBILITY PER M.G.L.c.21E &310 CMR 40.0000,the MASSACHUSETTS CONTINGENCY PLAN THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT 1N SERIOUS LEGAL CONSEQUENCES. Dear Mr. Ferris : Information contained in a Release Notification Form submitted to the Massachusetts Department of Environmental Protection(MassDEP)on July 8, 2020 by 18 Franklin Street,LLC indicates that there is or has been a release of Oil and/or Hazardous Material at the above-referenced property which exceeds a"120 day" reporting threshold(310 CMR 40.0315)and which requires one or more Response Actions. Based on this information,MassDEP has reason to believe that the subject property or portion(s)thereof is a Disposal Site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act,M.G.L. c. 21E,and the Massachusetts Contingency Plan, 310 CMR 40.0000(the MCP). M.G.L. c. 21E and the MCP govern the assessment and cleanup of Disposal Sites. The purpose of this notice is to inform you of your legal responsibilities under state law for assessing and/or remediating the subject release. For purposes of this notice,the terms and phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise. This information is available in alternate format.Call Michelle Waters-Ekanem.Diversity Director,at 617-292-5751.TTY#MassRelay Service 1-106-439-2370 MassDEP Webs:te www.mass.gov,ldep Pnnted or.Recycled Pager Edward Ferris, as Trustee of Ferris Trust Notice of Responsibility Page 2 STATUTORY LIABILITIES MassDEP has reason to believe that you(as used in this letter, "you" refers to Edward Ferris, as Trustee of Ferris Trust) are a Potentially Responsible Party with liability under M.G.L. c. 21E, § 5,for Response Action Costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of, any person who arranged for the transport,disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport,disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is "strict",meaning it is not based on fault,but solely on your status as an owner, operator, generator,transporter or disposer. It is also joint and several,meaning that you may be liable for all Response Action Costs incurred at the site, regardless of the existence of any other liable parties. The MCP requires Responsible Parties to take necessary Response Actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary Response Actions, or fail to perform them in an appropriate and timely manner,MassDEP is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such Response Actions,you can avoid liability for Response Action Costs incurred by MassDEP and its contractors in performing these actions,and for possible sanctions,which may be imposed for failure to perform necessary Response Actions under the MCP. You may be liable for up to three(3)times all Response Action Costs incurred by MassDEP. Response Action Costs include,without limitation,the cost of direct hours spent by MassDEP employees arranging for response actions or overseeing work performed by persons other than MassDEP or its contractors,expenses incurred by MassDEP in support of those direct hours, and payments to MassDEP's contractors. (For more detail on cost liability, see 310 CMR 40.1200.) MassDEP may also assess interest on costs incurred at the rate of twelve percent(121/o), compounded annually. To secure payment of this debt,the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt,the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three(3)times all Response Action Costs incurred by MassDEP,you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21 E, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21E,the MCP, or any order, permit or approval issued thereunder. Edward Ferris, as Trustee of Ferris Trust Notice of Responsibility Page 3 NECESSARY RESPONSE ACTIONS The subject site shall not be deemed to have all the necessary and required Response Actions taken unless and until all Substantial Hazards presented by the site have been climinated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition,the MCP requires persons undertaking Response Actions at Disposal Sites to perform hnmediate Response Actions (IRAs)in response to "sudden releases", Innninent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify MassDEP immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP)to manage, supervise or actually perform the necessary Response Actions at the subject Site. In addition,the MCP requires persons undertaking response actions at a Disposal Site to submit to MassDEP a Permanent Solution Statement prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a Disposal Site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at http://www.mass.gov/eeqLagencies/Is /or(617)556-1091.] MassDEP has determined that initial site investigation activities, in accordance with 310 CMR 40.0405, are necessary. In addition, unless a Permanent Solution Statement is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, must be submitted to MassDEP within one year of the initial notice of a release provided to MassDEP pursuant to 310 CMR 40.0300 or from the date MassDEP issues a Notice of Responsibility, whichever occurs earlier. It is important to note that you must dispose of any Remediation Waste generated at the subject Site in accordance with 310 CMR 40.0030 including,without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or,if the response action is performed under the direct supervision of MassDEP,the signature of an authorized representative of MassDEP. MassDEP encourages parties with liabilities under M.G.L.c. 21E to take prompt action in response to releases and threats of release of Oil and/or Hazardous Material. By taking prompt action,you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of Annual Compliance Fees for Response Actions payable under 310 CMR 4.00. Edward Ferris, as Trustee of Ferris Trust Notice of Responsibility Page 4 If you have any questions relative to this notice,you should contact the undersigned by email: joanne.fagan@mass.gov, at the letterhead address or (978) 694-3390. All future communications regarding this release should reference the Release Tracking Number contained in the subject block of this letter. Sincerely, )Joanne Fagan Section Chief, Brownfields/Risk Reduction Bureau of Waste Site Clean-up MassDEP,Northeast Regional Office ecc: Mayor Kimberly Driscoll,kdriscoll(c�r�,salemcom Salem Board of Health healthgsalem_ .com 18 Franklin Street,LLC marc 'uni eY ointinvestment.com MassDEP data entry/file (NOR/Issued)